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Immunities of Foreign Officials from Civil Jurisdiction

Forthcoming in THE CAMBRIDGE HANDBOOK OF IMMUNITIES AND INTERNATIONAL LAW (Tom Ruys, Nicolas Angelet, and Luca Ferro, eds.)

17 Pages Posted: 11 Jan 2018  

Chimène Keitner

University of California Hastings College of the Law

Date Written: January 9, 2018

Abstract

Jurisdictional rules, including immunity-based defenses to jurisdiction, allocate adjudicatory authority horizontally among sovereign states. In contrast to the more well-defined rules governing status-based immunities, this chapter focuses on conduct-based immunities from civil proceedings in light of the relative lack of consensus regarding their contours. First, it reviews some of the historical case law involving conduct-based immunity from civil proceedings in foreign courts, with a focus on U.S. cases. Second, it describes the approach taken more recently by several common-law courts. It concludes with observations on the evolving nature of law in this area.

Keywords: foreign official immunity, jurisdiction, common law immunity, Samantar

Suggested Citation

Keitner, Chimène, Immunities of Foreign Officials from Civil Jurisdiction (January 9, 2018). Forthcoming in THE CAMBRIDGE HANDBOOK OF IMMUNITIES AND INTERNATIONAL LAW (Tom Ruys, Nicolas Angelet, and Luca Ferro, eds.). Available at SSRN: https://ssrn.com/abstract=3098924

Chimène Keitner (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States

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